The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1887-04-16
THE MURPHY CASE.
Judge Webb Refuses a Writ Of Habeas
Corpus.
Collector Redman Allows Ellsworth
Citizens to See His Records.
What the Internal Revenue Commits
sloner Says About the Case.

| AT 10 a. m. yesterday the case Of Thomas
=. murphy came up in the United States
Dstrlct Court FOR argument on the petition
ior writ OF hdbeds corpus. There
was large attendance of inter
ested Epersons. District Attorney Bird
stated to the judge that he had received
telegram from Mr.. Murphy, stating that he
would start from Augusta on the morning
train and be in Portland at l O'Clock. Mr..
Bird asked for postponement in order to
give him an opportunity to consult with Mr.
Murphy. Judge Webb asked If Mr.. Muir
ply was at liberty or In custody and was in
formed by Mr.. Bird that he was In custody.
The judge then deferred the case until 8
O'Clock yesterday afternoon.
AT 3p. m. the court reassembled and Dis
trlct Attorney Bird spoke as follows:
MIR. BIRDS ARGUMENT
At the hearing yesterday, Your Honor.
think l took occasion to present to you near
ly all the views which / think the govern
ment has to present in this matter, and In
the brief statement which / may make 10
you today, may possibly be guilty Of going
The ground which the petitioner sets ont
In his petition as the reasons for which a
witt OF hdoedS corpus should issue by this
court are, that 1t is against public policy and
also contrary to the Instructions which he
has received from his official head; Of course.
do not understand that the court in arriy-
ing at conclusion, will confine us to the
ground that the petitioner sets out
In this case the petitioner was called up
on, being deputy collector Of internal reve-
nue., by subpoena which was served upon
him, to produce the records Of his ofice, or
copies Of them and he refused, and was
tempt.
Now, the position of the government is,
that the commissioner of internal revenue,
mas seen tit, for reasons of his own in the dis
charge OF his duties, being the head Of a de-
partment Of the government, TO direct his
onclals neither to produce these records nor
ee;1pies COP o. them, and in support Of the. posi-
day. '''''A
Jersey, III. -"
Tease stated.
Every person, whatever his offce or dignity, Is
pound 10 appear and testify In courts of Justice
%nsn WI required TO do so By proper process, unless
or the mere fact OF official position is not Of ifsei
an excuse; and whether the oficial engagements
are sucent 81 must be determined by the circum-
"The Governor win not be compelled To produce
IN ln court any paper or document In his possession
ne Will be allowed TO withhold 1t cor any part of III
y, u, IN MS opinion. his official duty requires him to
DO So"
"The Governor cannot be Examined as 10 hiS
reasons for not signing an act Of legislature nor
as 10 MS action In any respect regarding H. buf he
= bound 70 appear and testify as to the time that
the act was delivered to him.
An order TO testify Is an unusual practice and
99gnt not 70 be made against the executive Of the
"In case Of the executive, the court would hard
" entertain proceedings to compel him 10 testify
Dy duluQglnR MIN In contempt. It will be pre-
tempt" Nv 'oN
III the Governor, without sunicient or lawful
& Igson Ieiuses 70 appear and testify, he is liable
any party injured by his refusal"
Inc petitioner in this case was the Cover
nor Of New Jersey
Now 1t may be said that Mr.. Murphy. or
ms principal in this State. the Collector Of
internal Revenue, Is not the head of the De-
partment, but have the instructions of the
Commissioner Of Internal Revenue, which /
need not produce, justifying the act of Col
lecsor hedman In notproducing these copies
ana nstructing me to appear In behalf Of
United States court. But claim that this
RUE OF law does apply to the head Of the
department such as the Collector Of Revenue.
and cite Greenleaf /, section 6476:
But In all cases Of public writings II the dis
closure Of their contents would, either In the
Judgment Of the court, or Of the shief executive
magistrate, or the head OF department In whose
suStody or under whose control they may be kept
feSAS hAlCiCoto al luopCcLlOn
VIII not be granted"
1t may also be contended against the peti-
TONER that he refused TO answer questions
addressed TO him to be answered orally, but
tne question was one which went to the con-
tents OF the very records, or copies, which
he was sdirected to produce, and, therefore,
was within that rule Of law which have
just read, and cite to Your Honor:
Greenleaf 1, 271-" Where the law ia
restrained BY public policy from enforcing the
It from doing what would be the same effect,
namely, namaeIy, receiving secondary evidence Of their
III ii should be held that State courts NAV
call upon Collectors Of internal Revenue, OF
their deputies, for evidence Of this nature, and
require their attendance, and with books and
papers, or copies, until excused therefrom,
can imagine that Deputy of Internal Rev
enue might be detained In the Superior Court
OF Augusta the whole term, as in this present
case Mr.. Murphy is subpenaed to testify in
S3 liquor cases, and this in the month Of
April, which Your Honor knows Is the most
important month Of the whole year
need not enumerate to Your Honor the
duties which he must perform in that month,
the fiscal year commencing on the first OF
May; but, If the Deputy Collector may be
removed from his Office and kept in attend
ance on the State courts for month, and
especially this month, the only thing for the
United States government TO do is to re-
double Its forces; and to allude again TO the
case cited in the New Jersey Reports. IL Il
stated there that the official engagements
and Iduties may be and are in many cases
sufhcient excuses; whether the official en-
| gagements are sufficient must be determined
In the circumstances of each case.
Inere cannot be any doubt, / think, in the
mind OF Your Honor, that Mr.. Murphy has
been directed by his superior, in this case
the Commissioner, to take this course. /
| have evidence to show that this Is the case.
1t may be said that public lists Of all those
| who have paid special taxes to the United
States are by law required to be kept in the
Office of the Internal Revenue Department,
| open to inspection; it Is true, but they are
| open to the officers Of the State court and
| they may go there and l think l am not
wrong In saying that they may make and ex-
aecaSs alne COPIES s OF an papers which may be
the time OF the Deputy Collectors should be
taken up In making copies by the State
court while they are in no case made certi-
lying oflicers by statute, seems TO be hard
subjected.
But do not think that Mr. Murphy has in
his Office any records his duties are simply
IN the matter Of collection Of taxes, to per-
form the duties which the Collector should
perform, II he performed his own duties.
But do not understand that he keeps the
records the records are kept at the office of
the Collector himself. The process is. IL a
man makes an application for stamp, to
hio Tue dpplcatlOn 10 that effect, and the
matter Is sent to the Collector, and the Dep
| nty may then, for his own convenience, keep
the record Of that fact, but as for any
records being kept in his Office, | doubt II
| your honor can find that the case.
think, Your Honor, that l will not take
further the time Of the court, in view of the
partial argument Of the case which L sub
| mitted yesterday.
Judge Webb then rendered the following
| decision
Section 1855 of the Revised Statutes Of the
United States provides that:
"Ihe court, or justice. or Judge to whom such
dpphcaton Is made, shall, forthwith, award
VIII OF hqOeds corpus, unless 1t appears from the
petition that the party Is not entitled thereto"
am thoroughly satisfied from the facts set
forth IN this petition, that the petitioner was
not entitled to the writ No ground what
| ever seems TO me to be set forth in the petit
ton to entitle him to the writ and 1t is
| therefore denied.
District Attorney Bird gave notice that the
case would be carried up.
Citizens OF Ellsworth See Collector
Redman's Records.
ELLSWORTH, April 15.-Certqln Ellsworth
II